A criminal record — even for a relatively minor offense — can follow you for years, affecting your ability to find employment, housing, professional licensing, and more. Ohio law provides two related processes, sealing and expungement, that allow eligible individuals to have certain convictions and arrests removed from public view or, with expungement, destroyed. Understanding who qualifies, what can be sealed, and how the process works is the first step toward reclaiming your future.
Expungement vs. Sealing in Ohio
In everyday speech, "expungement" covers two different remedies in Ohio. When a record is sealed, it is not destroyed — it still exists and can be accessed in limited circumstances (for example, by courts and law enforcement in future proceedings). But it is removed from public view and does not appear on most background checks. For most everyday purposes — employment, housing, licensing — a sealed record is treated as though it does not exist.
Expungement goes further: the record is permanently destroyed or made unretrievable. Since Senate Bill 288 took effect on April 3, 2023, expungement is available not only for arrests that did not lead to a conviction (dismissed charges, acquittals, and no-bills) but also for many convictions, after a longer waiting period.
Who Is Eligible for Sealing in Ohio?
Ohio significantly expanded its expungement laws in recent years. As of 2023, the eligibility rules are more generous than they once were. Key eligibility factors include:
- Waiting period: You must wait a set period after your final discharge (completing your sentence, including probation) before applying. To seal: six months for a minor misdemeanor; one year for other misdemeanors and for fourth- or fifth-degree felonies; three years for a third-degree felony. To expunge: the same six months or one year for a misdemeanor; for a felony, ten years after you first become eligible to seal it.
- Number of convictions: Ohio law allows sealing of an unlimited number of convictions, subject to limitations on the types of offenses.
- No pending charges: You cannot have pending criminal charges when you apply.
What Convictions Can Be Sealed?
Most misdemeanors and many felonies are eligible for sealing. Important exceptions — offenses that cannot be sealed — include:
- First- and second-degree felonies (with some exceptions)
- Offenses of violence (specifically listed in Ohio law)
- Sex offenses that require registration on the sex offender registry
- OVI/DUI convictions
- Offenses against children
- Certain domestic violence convictions
If the offense is not specifically excluded, it is generally eligible. An attorney can evaluate your specific record and advise whether your conviction qualifies.
Sealing Arrests That Did Not Lead to Conviction
If you were arrested, charged, and then the charges were dismissed, you were acquitted at trial, or a grand jury returned a no-bill, you may be eligible to have that arrest record sealed — potentially much sooner than a conviction record. These cases are some of the most straightforward for expungement and the most impactful, because even an arrest record that did not result in conviction can show up on background checks and create barriers.
The Application Process
To apply for expungement/sealing in Ohio, you file an Application to Seal Record of Conviction in the court that handled your case. The application must include:
- Your name and identifying information
- A list of the convictions you want sealed
- A statement that you are eligible
After you file, the court will notify the prosecutor's office, which has the right to object to the sealing. The court then schedules a hearing. At the hearing, the judge weighs your interest in having the record sealed against any legitimate government interest in keeping it public. Factors the court considers include the nature of the offense, your behavior since conviction, and whether sealing would benefit you without harming the public interest.
If the court grants the application, it issues a sealing order. The court clerk, law enforcement agencies, and background check databases are then required to restrict access to the record.
Do You Need an Attorney?
While it is technically possible to file for expungement on your own, there are several reasons to work with an attorney:
- Eligibility rules are complex and the consequences of filing ineligible convictions can delay your case
- The prosecutor may object, and you need to be prepared to respond
- An attorney can ensure the application is complete and accurate
- A hearing before a judge can be intimidating, and advocacy matters
The investment in legal help for an expungement is often well worth it, given the long-term benefits to your employment prospects and quality of life.
What Happens After Sealing?
Once your record is sealed, you are legally permitted to say you have not been convicted of the sealed offense in most contexts — including job applications that ask about criminal history. There are exceptions: certain government positions, law enforcement, the military, and licensed professions may still require disclosure, and the sealed record remains visible to courts and law enforcement in future proceedings.
Expungement is not a magic eraser, but it is one of the most meaningful steps you can take toward rebuilding your life after a criminal record.